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HomeMy WebLinkAbout2015-1902.Evans.16-11-14 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2015-1902 UNION#2015-0337-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Evans) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Spencer Brlek Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 4, 2016 - 2 - Decision [1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent. [2] Darren Evans is a Youth Services Worker who was suspended for ten days as the result of an incident which took place on Saturday August 1, 2015 at Brookside Youth Centre. [3] The parties reviewed the facts and there was little – if any – dispute as to what occurred on that day. The area of dispute was whether the incident was as the result of the grievor’s exercising his rights to refuse work due to a Health and Safety concern. [4] I was persuaded by the Employer that the grievor did not raise Health and Safety concerns at the time of the incident. Rather, the complaint raised by Mr. Evans at the time was as the result of the Employer’s failure to replace kitchen staff. [5] The parties provided fulsome submissions and jurisprudence in this regard. [6] After consideration of the facts and submissions I am of the view that the Employer had just cause to discipline the grievor. However, a ten day suspension was excessive. [7] I am of the view that given the mitigating factors – including the grievor’s long term service and clean disciplinary record – that a four day suspension was appropriate in these circumstances. [8] I order the Employer to alter the grievor’s letter of suspension as set out in this decision and compensate the grievor accordingly. - 3 - [9] I remain seized. Dated at Toronto, Ontario this 14th day of November 2016. Felicity D. Briggs, Vice Chair